No Reconsideration of Jail Cancer Misdiagnosis by The plaintiff alleged that medical staff at the Erie County Medical Center removed one kidney and part of his bladder assuming that he had transitional cell carcinoma when his diagnostic tests were actually negative for cancer. The allegations at most state a claim …
Assault Victims Statements Must Be Evaluated at Disciplinary Hearing by The plaintiff was convicted of assaulting another prisoner who wrote an initial statement that the plaintiff did it but then refused to testify. There was no evidence of guilt that did not derive from the victim's statement. The plaintiff's disciplinary …
Change in BOP Work Release Policy Upheld in New York by The plaintiff challenged the Department of Justice's abruptly announced change of policy holding that prisoners cannot be placed in a community confinement center for more than 10% of their sentences. The Bureau of Prisons' interpretation of the statute is …
No Supervisory Liability for Forwarding Complaints about Conditions to Others by The plaintiff complained of excessive force and other abuse. Defendants have not met their burden of showing that the plaintiff failed to exhaust. They submitted the grievance director's affidavit stating that the Central Office Review Committee has no record …
Court Describes Different Class Action Notifications by At 183: Notice of an impending class action suit need only be the best notice practicable under the unique circumstances of each case; this is a fact-intensive inquiry. . . . Individual notice to each plaintiff is unnecessary, as long as the notice …
Medical Defendant Must be Served Personally by A jury returned a plaintiff's verdict in a deliberate indifference and medical malpractice case in which the victim of malpractice died of sickle cell anemia. However, one of the doctors was never personally served. Under state and federal law, service may be made …
Voting Rights Act Doesn't Apply to NY Prisoners/Parolees by The Voting Rights Act does not apply to the New York statute disenfranchising currently incarcerated felons and parolees. The court initially polled itself sua sponte while petitions for certiorari were pending, then denied rehearing with three judges dissenting and four stating …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
No Damages for Three Year Visiting Denial by The plaintiff prisoner's visits were suspended after he was found with a shank on his way to the visiting room. His visiting privileges were permanently revoked, except that he was told he could apply for reconsideration after a year, and did so …
Defendants Held in Contempt in Trademark Suit by The defendants are held in contempt in a trademark infringement and dilution case. The defendants are not excused on the ground of impossibility of compliance. At 377: "That reasonably, if not easily, avoidable violations occurred ten days after the Order's entry indicates …
Class of Homeless Children Seeking Education Certified by The court certifies a class of homeless children who alleged that school enrollment and transportation procedures violate the McKinney Act and deny equal protection. At 324: The Defendants urge that the legal issue can only be decided on an individual basis because …
NY Prisoner Suit Dismissed for Failing to Exhaust by The plaintiff says he filed grievances but his appeals are still pending. The court dismisses for non-exhaustion. The court doesn't say how long they have been pending, and doesn't mention any deadline for grievance decisions or address the view some courts …
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, …
Restivo v. Nassau County, NY, Amended Complaint, Wrongful Conviction, 2007 Case 2:06-cv-06720-JS-WDW Document 33 Filed 04/23/2007 Page 1 of 48 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK JOHN RESTIVO, DENNIS HALSTEAD, MELISSA LULLO, JASON HALSTEAD, TAYLOR HALSTEAD, and HEATHER HALSTEAD, Plaintiffs, v. 06-CV-6720 (JS) (WDW) NASSAU …
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a …
Sexual Victimization in Prison Statistically Analyzed by John Dannenberg by John E. Dannenberg The New York Academy of Medicine published a study in June 2006 on rates of sexual victimization of state prisoners. Contrasted with earlier studies that only used small population samples, this study covered all adult prisoners (22,231) …
Bernard Kerik Pleads Guilty; Has Name Removed From New York City Jail by Gary Hunter Former New York Police Chief Bernard B. Kerik, proclaimed hero of 9/11, fell to his lowest point yet after pleading guilty to two unclassified misdemeanor charges on June 30, 2006. Kerik, also a former Director …
New York HCV Treatment Suit Not Mooted by Equivocal DOC Concession; Class Certification Granted by John Dannenberg by John E. Dannenberg The United States District Court (N.D. N.Y.) rejected the New York Department of Corrections' (NYDOC) attempt to moot a class action claim filed by HCV (Hepatitis-C) infected prisoners who …
New York’s Prison System Infested With Drugs by David Reutter New York's Prison System Infested With Drugs by David M. Reutter The most glaring result of America's war on drugs has been the explosion of the nation?s prison population. Over 75 percent of all prisoners are either doing time for …
New York’s Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners by John Dannenberg New York's Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners by John E. Dannenberg Prior to leaving office, on August 16, 2006, then New York Governor George Pataki (R)vetoed Assembly Bill No. 3926-A, which would …
